Are militia and self-defense forces exempt from military service in Vietnam in 2024? What are 05 cases of exemption from military service?
Are militia and self-defense forces exempt from military service in Vietnam in 2024?
Pursuant to Clause 1, Article 2 of the Law on Militia and Self-Defense Forces 2019, “Militia and self-defense forces” refer to mass armed forces not separated from production and work, called “militia” if organized locally and “self-defense forces” if organized in regulatory authorities, political organizations, socio-political organizations, public service providers and economic organizations (hereinafter referred to as “agencies and organizations”).
The composition of the militia and self-defense force includes:
- On-site militia and self-defense forces.
- Mobile militia and self-defense force.
- Standing militia.
- Marine militia and self-defense forces.
- Anti-aircraft, artillery, scouting, information, engineering, chemical defense and medical militia and self-defense forces.
Regarding military service , military service obligation is the glorious duty of citizens to serve in the People's Army. Citizens within the eligible age range, regardless of ethnicity, social background, beliefs, religion, educational level, profession, or place of residence, are required to fulfill military service as regulated.
So, are militia and self-defense forces exempt from military service?
Referring to the current regulations in Article 4, Clause 4 of the Law on Military Service 2015, amended by Point a, Clause 1 of the Law on Militia and Self-Defense Forces 2019, it states:
Military service:
...
Citizens shall be recognized completing peacetime military service in the regular armed forces:
a) Standing militia with at least 24 months of active duty shall be recognized as having completed active military duty during peacetime decided by commanding officers of military commands of districts according to request of Chairpersons of People’s Committees of communes or heads of hamlets in case of no communes and heads of agencies and organizations;
Therefore, according to the aforementioned regulations, standing militia with at least 24 months of active duty shall be recognized as having completed active military duty during peacetime.
Note:
- This regulation applies only during peacetime.
- The recognition of fulfilling military service is decided by commanding officers of military commands of districts according to request of Chairpersons of People’s Committees of communes or heads of hamlets in case of no communes and heads of agencies and organizations.
Are militia and self-defense forces exempt from military service in Vietnam in 2024? What are 05 cases of exemption from military service? (Image from the Internet)
What are 05 cases of exemption from military service in Vietnam in 2024?
Pursuant to the provisions of Clause 2, Article 41 of the Law on Military Service 2015, 05 cases of exemption from military service include:
- Any citizen who is a child of revolutionary martyrs or grade 1 wounded soldiers;
- Any citizen who is a brother of revolutionary martyrs;
- Any citizen who is a child of grade 2 wounded soldiers; a child of sick soldiers suffering labor capacity reduction of 81% or above; a child of people infected with dioxin and suffering labor capacity reduction of 81% or above;
- Any citizen carrying out essential tasks who is not a soldier or a police officer;
- Any citizen who is official or youth volunteer assigned to extremely disadvantaged socio-economic area according to the law provisions for 24 months or more;
Thus, if people are exempt from military service, if they volunteer, they will be considered for selection and called into the army.
Are Vietnamese citizens who are selected for military service in 2024 and fail to fulfill their obligations subject to punishment?
The act of being selected for military service and then evading the fulfillment of military service obligations is understood as non-compliance with the enlistment order.
(1) Administrative penalties:
Pursuant to the provisions of Article 7 of Decree 120/2013/ND-CP, amended by Clause 9, Article 1 of Decree 37/2022/ND-CP, the provisions are as follows:
Violations against enlistment regulations
1. A fine ranging from 30,000,000 VND to 40,000,000 VND shall be imposed for the act of failing to be present at the assembling time or location stated in the enlistment order without a legitimate reason..
2. A fine ranging from 40,000,000 VND to 50,000,000 VND shall be imposed for the act of deceitfully avoiding the fulfillment of the enlistment order after meeting the required conditions for enlistment according to the regulations on military service health examination results.
3. A fine ranging from 50,000,000 VND to 75,000,000 VND shall be imposed for the act of non-compliance with the enlistment order, except in cases specified in Clause 1 and Clause 2 of this article.
4. Remedial measures: Compulsory military service shall be enforced for individuals who have violated the regulations stated in Clause 1, Clause 2, and Clause 3 of this article."
Thus, the act of non-compliance with the enlistment order (except for acts in Clauses 1 and 2, Article 7 of Decree 120/2013/ND-CP) will be fined from 50,000,000 VND to 75,000,000 VND.
In addition, violators will not only be fined but also forced to perform military service.
(2) Criminal penalties:
Pursuant to the provisions of Article 332 of the 2015 Criminal Code, regulations on the act of avoiding conscription are as follows:
Avoiding conscription
1. Any person who fails to comply with regulations of law on conscription, defies an enlistment order or military training order despite the fact that he/she has incurred an administrative penalty or has an unspent conviction for the same offence shall face a penalty of up to 02 years' community sentence or 03 - 24 months' imprisonment.
2. This offence committed in any of the following circumstances carries a penalty of 01 - 05 years' imprisonment:
a) The offender injures himself/herself to avoid conscription;
b) The offence is committed in wartime;
c) The offender drags another person into committing the offence.
Pursuant to the provisions of Clause 8, Article 3 of the Law on Military Service 2015, evasion of military service means the activity in which the citizens fail to comply with the order for registration for military service; order for pre-enlistment check-up; the call-up; the order for concentrated training, practicing or examination on readiness for mobilization/fighting
Thus, the act of failing to comply with the call-up for the first time will not be criminally prosecuted but will only be subject to administrative penalties.
Any person who fails to comply with regulations of law on conscription, defies an enlistment order or military training order despite the fact that he/she has incurred an administrative penalty or has an unspent conviction for the same offence shall face a penalty of up to 02 years' community sentence or 03 - 24 months' imprisonment.
This offence committed in any of the following circumstances carries a penalty of 01 - 05 years' imprisonment:
- The offender injures himself/herself to avoid conscription;
- The offence is committed in wartime;
- The offender drags another person into committing the offence
LawNet